Respondent Name: APG, Inc. / KIK Custom Products – Indiana Plant

Case Number:         2019-26402-A




Complainant and Respondent desire to settle and compromise this action without hearing or adjudication of any issue of fact or law, and consent to the entry of the following Findings of Fact and Order.  Pursuant to IC 13-30-3-3, entry into the terms of this Agreed Order does not constitute an admission of any violation contained herein.  Respondent's entry into this Agreed Order shall not constitute a waiver of any defense, legal or equitable, which Respondent may have in any future administrative or judicial proceeding, except a proceeding to enforce this order.





1.             Complainant is the Commissioner (“Complainant”) of the Indiana Department of Environmental Management (“IDEM”), a department of the State of Indiana created by Indiana Code (“IC”) 13-13-1-1.


2.             Respondent is APG, Inc. / KIK Custom Products – Indiana Plant (“Respondent”), which owns and operates the stationary liquid and aerosol can filling operation with Plant ID No. 039-00434, located at 2730 Middlebury Street in Elkhart, Elkhart County, Indiana (“Site”).


3.             IDEM has jurisdiction over the parties and the subject matter of this action.


4.             Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation (“NOV”) via certified mail to:


William Smith, President

CT Corporation System, Registered Agent

APG, Inc. / KIK Custom Products – Indiana Plant

APG, Inc. / KIK Custom Products – Indiana Plant

1919 Superior Street

150 W Market Street, Suite 800

Elkhart, IN 46516

Indianapolis, IN 46204


5.             Based on IDEM’s review, the following violation was in existence or identified by a representative of IDEM’s Office of Air Quality (“OAQ”).


a.             Pursuant to Part 70 Operating Permit No. 039-35745-00434 (“Permit”) Condition B.9, Respondent is responsible for submitting an Annual Compliance Certification, detailing compliance status for the calendar year, by no later than April 15 of the following year.

Respondent submitted the Annual Compliance Certification for the year 2018 on July 8, 2019, in violation of Permit Condition B.9.


6.             In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed Order.




1.             This Agreed Order shall be effective (“Effective Date”) when it is adopted via signature by Complainant or Complainant’s delegate, and the adopted Agreed Order has been received by Respondent.  This Agreed Order shall have no force or effect until the Effective Date.  This offer to settle the allegations contained in this Agreed Order does not bind or obligate the parties of this enforcement action if the Agreed Order is not adopted.


2.             Respondent is assessed a civil penalty of Five Hundred Dollars ($500.00).  Respondent shall pay said penalty amount no later than fifteen (15) days after the Effective Date (“Due Date”).  In the event that the civil penalty is not paid by the Due Date, Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1-101.


3.             In the event the terms and conditions of this Agreed Order are violated, Complainant may seek additional relief.

4.             Civil penalties are payable by check to the “Environmental Management Special Fund.”  Checks shall include the Case Number of this action and shall be mailed to:


Indiana Department of Environmental Management

Accounts Receivable

IGCN, Room 1340

100 North Senate Avenue

Indianapolis, IN 46204


5.             This Agreed Order shall apply to and be binding upon Respondent and its successors and assigns.  Respondent’s signatories to this Agreed Order certify that they are fully authorized to execute this Agreed Order and legally bind the party they represent.  No change in ownership, corporate, or partnership status of Respondent shall in any way alter its status or responsibilities under this Agreed Order.


6.             In the event that any terms of this Agreed Order are found to be invalid, the remaining terms shall remain in full force and effect and shall be construed and enforced as if this Agreed Order did not contain the invalid terms.


7.             This Agreed Order is not and shall not be interpreted to be a permit or a modification of an existing permit.  This Agreed Order, and IDEM’s review or approval of any submittal made by Respondent pursuant to this Agreed Order, shall not in any way relieve Respondent of its obligation to comply with the requirements of its applicable permit or any applicable Federal or State law or regulation.


8.             Complainant does not, by its approval of this Agreed Order, warrant or aver in any manner that Respondent’s compliance with any aspect of this Agreed Order will result in compliance with the provisions of any permit, order, or any applicable Federal or State law or regulation.


9.             Nothing in this Agreed Order shall prevent or limit IDEM’s rights to obtain penalties or injunctive relief under any applicable Federal or State law or regulation, except that IDEM may not, and hereby waives its right to, seek additional civil penalties for the same violations specified in the NOV.


10.          Nothing in this Agreed Order shall prevent IDEM or anyone acting on its behalf from communicating with the United States Environmental Protection Agency (“EPA”) or any other agency or entity about any matters relating to this enforcement action.  IDEM or anyone acting on its behalf shall not be held liable for any costs or penalties Respondent may incur as a result of such communications with the EPA or any other agency or entity.


11.          The parties were free to consult with their respective counsel regarding entry into this Agreed Order to the extent each deemed necessary.






Department of Environmental Management


APG, Inc. / KIK Custom Products – Indiana Plant










David P. McIver, Chief





Enforcement Section





Office of Air Quality






















, 2019.



For the Commissioner:




Signed on September 12, 2019


Matthew Stuckey, Deputy Assistant Commissioner


Office of Air Quality







*In the event that Respondent does not accept the settlement offer contained in this Agreed Order, IDEM notes that this document is a qualified offer of settlement, and therefore Rule 408 of Indiana Rules of Evidence applies to this document, rendering it inadmissible.